BILL NUMBER: AB 2506	CHAPTERED  09/11/00

	CHAPTER   401
	FILED WITH SECRETARY OF STATE   SEPTEMBER 11, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 10, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   AUGUST 8, 2000
	AMENDED IN SENATE   JUNE 22, 2000
	AMENDED IN ASSEMBLY   MAY 30, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000

INTRODUCED BY   Assembly Members Romero and Ashburn
   (Coauthors:  Assembly Members Campbell and Keeley)

                        FEBRUARY 24, 2000

   An act to amend Section 14601.9 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2506, Romero.  Vehicles:  driver's license violations:
referral program.
   Existing law imposes specified sentencing and fine sanctions upon
persons found guilty of violating provisions prohibiting the driving
of vehicles without a license, as specified.
   Until January 1, 2004, existing law authorizes the district
attorneys of certain counties, with the approval of the board of
supervisors, to establish a pilot program for persons who plead
guilty or no contest or are convicted of violations of specified
provisions prohibiting driving without a valid driver's license.
Under the program, and subject to the approval of the court, the
district attorney is authorized to enter into a written agreement
with a person in a case involving a violation of the specified
provisions in which the person agrees to the following, in lieu of
the imposition of a county jail sentence:  (1) a home detention
program utilizing an electronic monitoring program for not less than
the minimum jail sentence, and not more than the maximum jail
sentence, provided for a violation of the specified provisions, and
(2) a class or classes relating to driving without a valid driver's
license, as specified.
   This bill would provide that, subject to the approval of the
court, a person who pleads guilty or no contest to a violation of, or
is convicted of a violation of specified provisions, may enter into
the written agreement.
   This bill would also require that persons participating in the
pilot program complete a home detention program utilizing an
electronic monitoring program and equipment that meets certain
standards.  The bill would specify that the electronic monitoring
program be provided under the auspices of the county district
attorney or his or her designee.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 14601.9 of the Vehicle Code is amended to read:

   14601.9.  (a) The district attorney of the County of Alameda,
Kern, Los Angeles, Orange, Placer, Sacramento, San Joaquin, San Luis
Obispo, or Santa Barbara, with the approval of the board of
supervisors, may establish a pilot program for persons who plead
guilty or no contest or who are found guilty of a violation of
Section 14601, 14601.1, or 14601.3.  The district attorney may
conduct the program or contract with a private entity to conduct the
program.
   (b) Subject to the approval of the court, a person who pleads
guilty or no contest to a violation of, or is convicted of a
violation of, Section 14601, 14601.1, or 14601.3 may enter into a
written agreement with the district attorney of a county described in
subdivision (a).  If the court determines that the particular case
is appropriate for referral to the program described in this section,
the judge may make an order directing the person to comply with the
terms of the agreement.  Participation in the program shall be in
lieu of imposing a jail sentence under Section 14601, 14601.1, or
14601.3.  The agreement shall require the person to complete all of
the following elements within 60 days or within the term of the
maximum jail sentence allowed under Section 14601, 14601.1, or
14601.3, whichever period is longer:
   (1) A home detention program utilizing an electronic monitoring
program and equipment that meets acceptable standards as described in
Section 1203.016 of the Penal Code, for not less than the minimum
jail sentence, and not more than the maximum jail sentence, provided
under Section 14601, 14601.1, or 14601.3, as applicable.  The
electronic monitoring program described in this paragraph shall be
provided under the auspices of the district attorney or his or her
designee.  The court may allow a person to attend school, work, or
other specified activities while on electronic monitoring.
   (2) One or more classes conducted by the district attorney or by a
private entity under contract with the district attorney.  The class
or classes, at a minimum, shall provide instruction on all of the
following:
   (A) The requirements imposed under Section 14601, 14601.1, or
14601.3, including, but not limited to, the penalties for violating
those provisions.
   (B) Available transportation alternatives for persons who do not
have a valid driver's license.
   (C) The procedure for regaining the privilege to drive.
   (c) No statement, or information procured from a statement, made
by the person in connection with the determination of his or her
eligibility for the program, and no statement, or information
procured from a statement, made by the person, subsequent to the
granting of the program or while participating in the program, and no
information contained in any report made with respect thereto, and
no statement or other information concerning the person's
participation in the program is admissible in any action or
proceeding.
   (d) The court may impose any fine allowed under Section 14601,
14601.1, or 14601.3 upon a person who is ordered to participate in
the program.
   (e) (1) The district attorney may recover fees for the program
from participants or may provide for recovery of fees from
participants by a private entity operating the program under
contract.
   (2) The recoverable fees described in this subdivision shall be
charged to the participant in accordance with a fee schedule that has
been approved by the board of supervisors or the district attorney,
or designee of the district attorney.  The fees charged for the
program may be modified or waived by the district attorney or
designee at any time based on the present or changing financial
position of the participant.  No person shall be denied participation
in the program due to an inability to pay for the program.
   (f) Not later than December 31, 2003, the district attorney of
every county that elects to participate in the pilot program
specified in subdivision (a) shall prepare and submit a report to the
Legislature concerning that county's participation in the program.
   (g) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2004, deletes or extends that
date.
